Comer v. Illinois Car & Equipment Co.

Citations

• 108 La. 179

Syllabus

<p>Syllabus.</p> <p>1. Where a claim is made for a balance said to be due for services rendered' under a contract, and the plaintiff alleges that an account had been rendered and the balance thereby shown to be due had been accepted, but, under duress, his failure to offer proof of the duress alleged, especially where the defendant proves, by uncontradicted testimony, that there was none, leaves the settlement thus effected unimpeached, and the plaintiff is concluded as to everything embraced therein.</p> <p>2. A having agreed to pay B one-half of the net profit, as shown by A’s statement of the cost, on work solicited by B, the latter is entitled to nothing in a case where the former is compelled to sue on a- claim for work done and, by advice of counsel, compromises the claim at a loss, the presumption, in the absence of proof to the contrary, being, that more was recovered in that way than would have been recovered by going on with the litigation.</p>